Frieri v. Sysco Corporation et al
Plaintiff: Frieri and Rick Frieri
Defendant: Sysco Corporation, Does 1-100 and Sysco San Diego, Inc.
Case Number: 3:2016cv01432
Filed: June 9, 2016
Court: US District Court for the Southern District of California
Office: San Diego Office
County: XX US, Outside State
Presiding Judge: Allison H Goddard
Referring Judge: Janis L Sammartino
2 Judge: Nita L Stormes
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 27, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 27, 2020 Opinion or Order Filing 85 ORDER granting #81 final approval of Class Action Settlement. Signed by Judge Janis L. Sammartino on 3/26/2020. (jpp)
March 26, 2020 Filing 84 Minute Order for proceedings held before Judge Janis L. Sammartino: Hearing on Motion for Final Approval of Class Action Settlement #81 held and taken under submission; Court to issue written order (Court Reporter/ECR Frank Rangus / CRD A Ramos / Plaintiff Attorney David Mara / Defendant Attorney Nicolas Poper) (no document attached) (acr)
March 16, 2020 Opinion or Order Filing 83 ORDER granting #82 request to appear telephonically. Signed by Judge Janis L. Sammartino on 03/16/2020. (jpp)
March 13, 2020 Filing 82 Joint MOTION for Leave to Appear Joint Request to Appear Telephonically at Final Approval Hearing Scheduled for March 26, 2020 at 1:30 p.m. by Rick Frieri. (Attachments: #1 Proof of Service)(Serb, Jamie) (jpp).
March 5, 2020 Filing 81 MOTION for Settlement Final Approval of Class Action Settlement by Rick Frieri. (Attachments: #1 Motion for Attorney Fees, #2 Declaration of David Mara, #3 Exhibit 1 to Declaration of David Mara, #4 Exhibit 2 to Declaration of David Mara, #5 Exhibit 3 to Declaration of David Mara, #6 Exhibit 4 to Declaration of David Mara, #7 Exhibit 5 to Declaration of David Mara, #8 Declaration of Rick Frieri, #9 Declaration of Nathalie Hernandez, #10 Proposed Order, #11 Proof of Service)(Serb, Jamie)Attorney Jamie Serb added to party Rick Frieri(pty:pla) (jpp).
December 2, 2019 Opinion or Order Filing 80 ORDER granting #76 Preliminary Approval of Class Action Settlement. Final Approval Hearing set for 3/26/2020 at 1:30pm. Signed by Judge Janis L. Sammartino on 12/02/2019. (jpp)
August 8, 2019 Opinion or Order Filing 79 ORDER OF TRANSFER. This case is transferred from the calendar of the Honorable Nita L. Stormes, to the calendar of the Honorable Allison H. Goddard for all further proceedings. All pending dates including discovery deadlines, hearings, and conferences before Magistrate Judge Stormes, if any, remain unchanged until further order and are now set before Magistrate Allison H. Goddard. Any dates set before any district judge remain unchanged. The new case number is 16CV1432-JLS(AHG). Signed by Magistrate Judge Nita L. Stormes on 8/08/2019.(jpp)
July 12, 2019 Opinion or Order Filing 78 ORDER Vacating Hearing. (ECF #76 ) The Court VACATES the hearing currently set for July 18, 2019 at 1:30 p.m. and takes the matter under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Signed by Judge Janis L. Sammartino on 7/12/2019.(aef)
July 3, 2019 Filing 77 NON Opposition re #76 MOTION for Settlement [Preliminary Approval of Class Action Settlement] filed by Sysco Corporation, Sysco San Diego, Inc.. (Poper, Nicholas) *QC Mailer sent - atty not of record in case* (mme).
April 24, 2019 Filing 76 MOTION for Settlement [Preliminary Approval of Class Action Settlement] by Rick Frieri. (Attachments: #1 Declaration of David Mara, #2 Exhibit 1 to Declaration of David Mara, #3 Proposed Order, #4 Proof of Service)(Vecchi, Jill) (jpp).
April 12, 2019 Opinion or Order Filing 75 ORDER granting #74 Motion to exceed page limit. Signed by Judge Janis L. Sammartino on 4/12/2019. (jpp)
April 10, 2019 Filing 74 MOTION Permission to Exceed Page Limit by Rick Frieri. (Attachments: #1 Proposed Order, #2 Proof of Service)(Crawford, Matthew) (jpp).
March 20, 2019 Filing 73 NOTICE of Change of Address by David Mara (Attachments: #1 Proof Of Service)(Mara, David)
February 26, 2019 Filing 72 NOTICE of Settlement by Rick Frieri (Attachments: #1 Proof of Service)(Crawford, Matthew) (jpp).
October 9, 2018 Opinion or Order Filing 71 ORDER Granting Joint Motion to Defer Ruling [ECF. No. #70 ]. Signed by Judge Janis L. Sammartino on 10/9/2018. (anh)
October 5, 2018 Filing 70 Joint MOTION To Defer Ruling On Motion For Class Certification by Rick Frieri. (Attachments: #1 Proposed Order, #2 Proof of Service)(Vecchi, Jill) QC mail sent re not e-filing proposed orders (rmc).
September 24, 2018 Opinion or Order Filing 69 ORDER granting #68 Joint Motion to defer ruling on #52 Motion for Class Certification until no sooner than 10/05/2018. Signed by Judge Janis L. Sammartino on 9/24/2018. (jpp)
September 21, 2018 Filing 68 Joint MOTION to Continue to Defer Ruling on Motion for Class Certification by Sysco Corporation, Sysco San Diego, Inc.. (Shadi, Sabrina) (jpp).
September 11, 2018 Opinion or Order Filing 67 ORDER granting #66 Joint Motion to defer ruling. Signed by Judge Janis L. Sammartino on 9/11/2018. (jpp)
September 7, 2018 Filing 66 Joint MOTION to Defer Ruling on Motion for Class Certification by Sysco Corporation, Sysco San Diego, Inc.. (Shadi, Sabrina) (jpp).
September 6, 2018 Filing 65 REPLY to Response to Motion re #62 MOTION to Supplement PLAINTIFF'S MOTION FOR CLASS CERTIFICATION filed by Rick Frieri. (Attachments: #1 Exhibit F, #2 Proof of Service)(Mara, David) (jpp).
August 27, 2018 Filing 64 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 7/19/2018, before Judge Janis L. Sammartino. Court Reporter/Transcriber: Frank J. Rangus. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/17/2018. Redacted Transcript Deadline set for 9/27/2018. Release of Transcript Restriction set for 11/26/2018. (akr)
August 23, 2018 Filing 63 RESPONSE in Opposition re #62 MOTION to Supplement PLAINTIFF'S MOTION FOR CLASS CERTIFICATION filed by Sysco Corporation, Sysco San Diego, Inc. (Kwun, Julie) (mpl).
August 2, 2018 Filing 62 MOTION to Supplement PLAINTIFF'S MOTION FOR CLASS CERTIFICATION by Rick Frieri. (Attachments: #1 Request for Judicial Notice, #2 Proof of Service)(Vecchi, Jill) (mpl).
July 19, 2018 Filing 61 Minute Order for proceedings held before Judge Janis L. Sammartino: Hearing on Motion to Certify Class #52 held and taken under submission; Plaintiff to efile supplemental motion by 8/2/2018; defense to efile supplemental opposition by 8/23/2018; plaintiff's supplemental reply by 9/6/2018 (Court Reporter/ECR Frank Rangus / CRD A Ramos / Plaintiff Attorney David Mara & Jill M. Vecchi / Defendant Attorney Sabrina Layne Shadi & Julie Kwun) (no document attached) (acr)
July 3, 2018 Opinion or Order Filing 60 ORDER Granting in Part #59 Motion for Continuance. The Motion Hearing is continued to 7/19/2018 at 1:30 p.m. before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 7/3/2018. (mpl)
June 21, 2018 Filing 59 MOTION to Continue Hearing on Plaintiff's Motion for Class Certification by Sysco Corporation, Sysco San Diego, Inc. (Attachments: #1 Declaration of Julie Kwun)(Kwun, Julie) (mpl).
June 12, 2018 Opinion or Order Filing 58 ORDER Setting Hearing re #52 MOTION to Certify Class. The Motion Hearing is set for 7/12/2018 at 1:30 p.m. before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 6/12/2018.(mpl)
April 24, 2018 Filing 57 NOTICE of NEW DECISIONAL AUTHORITY IN FURTHER SUPPORT OF HIS MOTION FOR CLASS CERTIFICATION by Rick Frieri re #55 Reply to Response to Motion, (Attachments: #1 Exhibit A, #2 Proof of Service)(Crawford, Matthew)(mpl).
January 24, 2018 Filing 56 NOTICE of Appearance by Gwendolyne Nicole Ousdahl on behalf of Rick Frieri (Attachments: #1 Proof of Service)(Ousdahl, Gwendolyne)Attorney Gwendolyne Nicole Ousdahl added to party Rick Frieri(pty:pla) (mpl).
January 18, 2018 Filing 55 REPLY to Response to Motion re #52 MOTION to Certify Class filed by Rick Frieri. (Attachments: #1 Declaration of Jill Vecchi, Esq., #2 Supplement Response to Defendants' Evidentiary Objections, #3 Proof of Service)(Vecchi, Jill)(mpl).
January 11, 2018 Filing 54 RESPONSE in Opposition re #52 MOTION to Certify Class filed by Sysco Corporation, Sysco San Diego, Inc. (Attachments: #1 Evidentiary Objections, #2 Declaration of John Petrossian, #3 Declaration of Julie Kwun)(Kwun, Julie) (mpl).
January 11, 2018 Opinion or Order Filing 53 ORDER Vacating Hearing. The Court hereby vacates the hearing scheduled for 1/25/2018. The Court will reschedule the hearing if needed. Signed by Judge Janis L. Sammartino on 1/11/2018.(mpl)
December 1, 2017 Filing 52 MOTION to Certify Class by Rick Frieri. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of William Turley, #3 Exhibit A to Declaration of William Turley, #4 Exhibit B to Declaration of William Turley, #5 Exhibit C to Declaration of William Turley, #6 Exhibit D to Declaration of William Turley, #7 Exhibit E to Declaration of William Turley, #8 Exhibit 3 to Declaration of William Turley, #9 Exhibit 4 to Declaration of William Turley, #10 Exhibit 9 to Declaration of William Turley, #11 Exhibit 12 to Declaration of William Turley, #12 Declaration of Rick Frieri, #13 Declaration of Kevin Taylor, #14 Proposed Order, #15 Proof of Service)(Vecchi, Jill) (mpl). (jpp).
November 9, 2017 Opinion or Order Filing 51 ORDER on #48 Joint Motion for Determination of Discovery Dispute No. 3. Plaintiff's motion to compel is denied in part and granted in part. Plaintiff's request for sanctions is denied. Plaintiff is granted leave to conduct Mr. Petrossian's second deposition. The deposition must be completed by 11/17/2017, may proceed for no more than 2 hours of on-the-record testimony, and the scope of questioning must be limited to the questions previously asked and follow up questions arising directly therefrom. Signed by Magistrate Judge Nita L. Stormes on 11/9/2017. (Main Document 51 replaced on 11/9/2017) (mpl). (jao).
November 9, 2017 Opinion or Order Filing 50 ORDER Granting in Part and Denying in Part Plaintiff's #46 Ex Parte Application to Extend Deadlines to Complete Depositions and Motion for Class Certification Filing. Plaintiff's request to continue the discovery deadline to complete depositions is denied, except as to a second deposition of Mr. Petrossian and a 30(b)(6) representative of Sysco Corporation. Both of these depositions must be completed by 11/17/2017. Plaintiff's request to extend the deadline to file the motion for class certification is granted in part, and must be filed by 12/1/2017. Signed by Magistrate Judge Nita L. Stormes on 11/9/2017. (mpl) (jao).
November 7, 2017 Filing 49 SUPPLEMENTAL DOCUMENT by Rick Frieri re #48 Joint MOTION for Discovery Dispute No. 3 San Diego PMK Deposition. (Vecchi, Jill)(mpl).
November 7, 2017 Filing 48 Joint MOTION for Discovery Dispute No. 3 by Rick Frieri. (Attachments: #1 Proof of Service)(Vecchi, Jill)Attorney Jill M. Vecchi added to party Rick Frieri(pty:pla) (mpl).
November 6, 2017 Filing 47 RESPONSE re #46 MOTION for Extension of Time to Complete Discovery Opposition to Plaintiff's Ex Parte Application filed by Sysco Corporation, Sysco San Diego, Inc.. (Attachments: #1 Declaration of Julie Kwun)(Kwun, Julie) (mpl).
November 3, 2017 Filing 46 NOTICE of PLAINTIFF RICK FRIERIS EX PARTE APPLICATION TO EXTEND DEADLINE TO COMPLETE DEPOSITIONS AND PLAINTIFFS MOTION FOR CLASS CERTIFICATION FILING DEADLINE by Rick Frieri (Attachments: #1 Declaration of Matthew Crawford, #2 Proposed Order, #3 Proof of Service)(Crawford, Matthew) QC mailer sent re wrong event, attached proposed order, (mpl).
October 18, 2017 Filing 45 STATUS REPORT (Joint) on Email Production by Sysco Corporation, Sysco San Diego, Inc. (Kwun, Julie)(mpl).
October 16, 2017 Opinion or Order Filing 44 MINUTE ORDER The parties are ORDERED to submit a JOINT status report regarding email production by 5:00 pm on Wednesday, October 18th. The status report must include (1) the proper bates range for emails produced to date; (2) estimated number of emails remaining to review; (3) the estimated date of completion of review; (4) the estimated date of production. The parties may include any other pertinent information to the status of email production. Signed by Magistrate Judge Nita L. Stormes on 10/16/17.(no document attached) (bm1)
October 14, 2017 Filing 43 STATUS REPORT regarding email production by Sysco Corporation, Sysco San Diego, Inc.. (Kwun, Julie)(mpl).
October 12, 2017 Opinion or Order Filing 42 ORDER Granting #41 Joint Motion for Continuance of Deadline to Complete Depositions Only. Depositions may proceed on the dates as represented by the parties, up to and including 11/7/2017. Signed by Magistrate Judge Nita L. Stormes on 10/12/2017. (mpl) (jao).
October 6, 2017 Filing 41 Joint MOTION to Continue Deadline to Complete Depositions Only by Rick Frieri. (Attachments: #1 Proof of Service Proof of Service)(Crawford, Matthew) (mpl).
October 3, 2017 Opinion or Order Filing 40 ORDER Discharging the Order to Show Cause as to why Defendants Have Not Produced Documents Consistent With the Court's Order. The parties are ordered to submit a Joint Status Report regarding the status of email production by 10/13/2017. Signed by Magistrate Judge Nita L. Stormes on 10/3/2017.(mpl) (jao).
September 29, 2017 Filing 39 RESPONSE re #38 Order on Motion to Continue,,, to Order to Show Cause filed by Sysco Corporation, Sysco San Diego, Inc. (Kwun, Julie) (mpl).
September 22, 2017 Opinion or Order Filing 38 ORDER (1)Denying Plaintiff's Ex Parte Application to Extend Deadlines for Discovery and Motion for Class Certification; and (2) Issuing an Order to Show Cause as to why Defendants Have Not Produced Documents Consistent With the Court's Order. Plaintiff's request is denied without prejudice. In the event production of documents is not completed by the discovery cut-off date, Plaintiff may re-file a request for an extension of time. The Court hereby issues an order to show cause as to why Defendants have not produced documents consistent with the time periods set forth and should not be subject to discovery sanctions in an amount to be determined for each day that production is tardy. Defendants must file explanatory briefing and/or declarations, totaling no more than 10 pages, by 9/29/2017. Failure to do so will result in discovery sanctions. Signed by Magistrate Judge Nita L. Stormes on 9/22/2017. (mpl) (jao).
September 20, 2017 Filing 37 RESPONSE re #35 Ex Parte MOTION to Continue Discovery Deadline and Plaintiff's Motion for Class Certification Filing Deadline filed by Sysco Corporation, Sysco San Diego, Inc. (Attachments: #1 Declaration of Julie Kwun, #2 Exhibit A to Kwun Declaration, #3 Exhibit B to Kwun Declaration, #4 Exhibit C to Kwun Declaration, #5 Exhibit D to Kwun Declaration, #6 Exhibit E to Kwun Declaration, #7 Exhibit F to Kwun Declaration, #8 Exhibit G to Kwun Declaration, #9 Exhibit H to Kwun Declaration)(Kwun, Julie) (mpl).
September 18, 2017 Opinion or Order Filing 36 MINUTE ORDER Defendants requested an extension of time to file an opposition to Plaintiff's ex parte application. Defendants must file an opposition by Wednesday, September 20, 2017. The Court will then take the matter under submission and issue an order in due course. Signed by Magistrate Judge Nita L. Stormes on 9/18/17.(no document attached) (bm1)
September 15, 2017 Filing 35 Ex Parte MOTION to Continue Discovery Deadline and Plaintiff's Motion for Class Certification Filing Deadline by Rick Frieri. (Attachments: #1 Notice, #2 Declaration, #3 Proof of Service)(Crawford, Matthew) (mpl).
August 4, 2017 Opinion or Order Filing 34 ORDER Granting In Part and Denying In Part #33 Joint Motion for Determination of Discovery Dispute No.2. It is ordered that the Defendant must produce any further responsive documents by 9/1/2017. This is the second discovery dispute in this matter whereby Plaintiff seeks to compel production of voluminous documents in response to broad requests without any indication of pursuit of other forms of discovery likely to yield the information sought at reduced cost and with expenditure of fewer resources by the parties and the Court. Therefore, in the event that Plaintiff initiates a third discovery dispute before this Court, it must first either (1) demonstrate that it has taken the deposition of a corporate representative; or (2) file an ex parte request for leave to file a discovery dispute, explaining in no more than 5 pages why a deposition would not affect the content of the discovery dispute it wishes to file. Signed by Magistrate Judge Nita L. Stormes on 8/4/2017. (dxj)
July 19, 2017 Filing 33 Joint MOTION for Discovery Dispute No. 2 by Rick Frieri. (Attachments: #1 Statement of Facts Joint Statement, #2 Declaration Matthew Crawford, #3 Proof of Service)(Crawford, Matthew) (dxj).
July 7, 2017 Opinion or Order Filing 32 ORDER Granting in Part and Denying in Part #24 Joint Motion for Determination of Discovery Dispute. Signed by Magistrate Judge Nita L. Stormes on 7/7/2017. (dxj)
July 5, 2017 Opinion or Order Filing 31 ORDER Granting Parties' #28 Joint Motion for Continuance of Discovery Dispute Deadline. It is ordered that the deadline for the Parties to File a Joint Motion for Determination of Discovery Dispute No. 2. with regard to Defendant Sysco Corporation's responses to Plaintiff's Special Interrogatories (Set One), Requests for Production of Documents (Set One) and Requests for Production of Documents (Set Two), is 7/19/2017. Signed by Magistrate Judge Nita L. Stormes on 7/5/2017. (dxj)
July 5, 2017 Opinion or Order Filing 30 ORDER: (1) Granting in Part Plaintiff's #25 Ex Parte Application to Extend Discovery Deadline and Plaintiff's Motion for Class Certification; and (2) Issuing First Amended Scheduling Order. It is ordered that Fact and class discovery are not bifurcated but class discovery must be completed by all parties by 10/13/2017. Plaintiff must file a motion for class certification by 11/10/2017. The parties must contact the Magistrate Judges Chambers within three court days of receiving a ruling on the class certification motion to set a date for a further Case Management Conference. Signed by Magistrate Judge Nita L. Stormes on 7/5/2017. (dxj)
July 3, 2017 Filing 29 RESPONSE to Motion re #25 Ex Parte MOTION to Continue Discovery Deadline and Plaintiff's Motion for Class Certification Filing Deadline filed by Sysco Corporation, Sysco San Diego, Inc.. (Attachments: #1 Declaration Julie Kwun)(Kwun, Julie) (dxj).
June 30, 2017 Filing 28 Joint MOTION to Continue Discovery Dispute Deadline by Rick Frieri. (Attachments: #1 Proof of Service)(Crawford, Matthew) (fth).
June 30, 2017 Opinion or Order Filing 27 MINUTE ORDER Correction to ECF No. 26. Opposition to be filed by Monday July 3, 2017. Signed by Magistrate Judge Nita L. Stormes on June 30, 2017.(no document attached) (bm1)
June 30, 2017 Opinion or Order Filing 26 MINUTE ORDER: Defendants requested an extension of time to file an opposition to Plaintiff's ex parte application. Defendants must file an opposition by Monday, June 3, 2017. Signed by Magistrate Judge Nita L. Stormes on June 30, 2017.(no document attached) (bm1)
June 28, 2017 Filing 25 Ex Parte MOTION to Continue Discovery Deadline and Plaintiff's Motion for Class Certification Filing Deadline by Rick Frieri. (Attachments: #1 Notice, #2 Declaration, #3 Proof of Service)(Crawford, Matthew) (fth).
June 19, 2017 Filing 24 Joint MOTION for Discovery Dispute by Rick Frieri. (Attachments: #1 Declaration Declaration of Matthew Crawford, #2 Proof of Service)(Crawford, Matthew) (dxj).
June 14, 2017 Opinion or Order Filing 23 ORDER Granting #21 Joint Motion for Protective Order as Modified by the Court. Signed by Magistrate Judge Nita L. Stormes on 6/14/2017. (lrf)
May 31, 2017 Filing 22 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Proof of Service)(Crawford, Matthew) (dxj).
May 31, 2017 Filing 21 MOTION for Protective Order by Rick Frieri. (Crawford, Matthew)Attorney Matthew Evan Crawford added to party Rick Frieri(pty:pla) QC Mailer re: Proposed Orders should not be attached (dxj).
February 2, 2017 Opinion or Order Filing 20 SCHEDULING ORDER Regulating Discovery And Class Certification Motion Filing Deadline. It is ordered that the rule 26(f) conference must be completed by 2/15/2017. Initial disclosures pursuant to Rule 26(a)(1) must occur by 2/22/2017. Any motion to join other parties, to amend the pleadings, or to file additional pleadings must be filed by 5/29/2017. Fact and class discovery are not bifurcated but class discovery must be completed by all parties by 7/12/2017. Plaintiff must file a motion for class certification by 8/7/2017. The parties must contact the Magistrate Judge's Chambers within three court days of receiving a ruling on the class certification motion to set a date for a further case management conference. Signed by Magistrate Judge Nita L. Stormes on 2/2/2017.(dxj)
February 2, 2017 Filing 19 Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Early Neutral Evaluation Conference held on 2/1/2017. Case did not settle. Scheduling order to issue.(Plaintiff Attorneys David Mara, Jessica Corales). (Defendant Attorney Sabrina Shadi). (no document attached) (lkw)
January 31, 2017 Filing 18 NOTICE of Withdrawal of Jeffrey C. Bils as counsel by Sysco Corporation, Sysco San Diego, Inc. (Rosenthal, Margaret) (dxj).
January 5, 2017 Opinion or Order Filing 17 NOTICE AND ORDER Setting Telephonic Early Neutral Evaluation Conference with Counsel Only. Telephonic, Counsel-only Early Neutral Evaluation set for 2/1/2017 03:30 PM before Magistrate Judge Nita L. Stormes. Signed by Magistrate Judge Nita L. Stormes on 1/5/2017.(kcm)
January 4, 2017 Filing 16 ANSWER to #15 Amended Complaint by Sysco Corporation, Sysco San Diego, Inc..(Kwun, Julie) (kcm).
December 21, 2016 Filing 15 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Rick Frieri. (Attachments: #1 Proof of Service) (Turley, William) (kcm).
December 12, 2016 Opinion or Order Filing 14 ORDER granting in part and denying in part #5 Defendants' Motion to Dismiss. The Court grants in part and denies in part Defendants' Motion to Dismiss. The Court grants in part and denies in part Defendants' motion to dismiss Plaintiff's first cause of action. The Court denies Defendants' motion to dismiss Plaintiff's fourth, sixth, and seventh causes of action. The Court grants Defendants' motion to dismiss Plaintiff's fifth cause of action. To the extent the Court has dismissed Plaintiff's claims, those claims are dismissed without prejudice. Plaintiff shall file an amended complaint on or before December 30, 2016. Signed by Judge Janis L. Sammartino on 12/12/2016. (kcm)
July 26, 2016 Filing 13 NOTICE of Appearance by Jeffrey C. Bils on behalf of Sysco Corporation, Sysco San Diego, Inc. (Bils, Jeffrey)Attorney Jeffrey C. Bils added to party Sysco Corporation(pty:dft), Attorney Jeffrey C. Bils added to party Sysco San Diego, Inc.(pty:dft) (kas).
July 26, 2016 Filing 12 NOTICE of Appearance by Sabrina Layne Shadi on behalf of Sysco Corporation, Sysco San Diego, Inc. (Shadi, Sabrina)Attorney Sabrina Layne Shadi added to party Sysco Corporation(pty:dft), Attorney Sabrina Layne Shadi added to party Sysco San Diego, Inc.(pty:dft)(kas).
July 26, 2016 Filing 11 NOTICE of Appearance by Margaret Rosenthal on behalf of Sysco Corporation, Sysco San Diego, Inc. (Rosenthal, Margaret)Attorney Margaret Rosenthal added to party Sysco Corporation(pty:dft), Attorney Margaret Rosenthal added to party Sysco San Diego, Inc.(pty:dft) (kas).
July 26, 2016 Opinion or Order Filing 10 ORDER Vacating Hearing. The Court hereby vacates the hearing scheduled for July 28, 2016, and takes the matter under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Motions Submitted #5 MOTION to Dismiss . Signed by Judge Janis L. Sammartino on 7/26/2016.(kcm)
July 14, 2016 Filing 9 REQUEST FOR JUDICIAL NOTICE by Sysco Corporation, Sysco San Diego, Inc. re #8 Reply to Response to Motion (Kwun, Julie) (kcm).
July 14, 2016 Filing 8 REPLY to Response to Motion re #5 MOTION to Dismiss filed by Sysco Corporation, Sysco San Diego, Inc.. (Kwun, Julie) (kcm).
July 7, 2016 Filing 7 RESPONSE in Opposition re #5 MOTION to Dismiss to Sysco Corporation and Sysco San Diego, Inc.'s Motion to Dismiss Complaint filed by Rick Frieri. (Attachments: #1 Proof of Service)(Vecchi, Jill) (rlu).
June 20, 2016 Opinion or Order Filing 6 ORDER Setting Briefing Schedule re #5 MOTION to Dismiss : A hearing on the Motion To Dismiss is presently scheduled for July 28, 2016 at 1:30 p.m. Plaintiff shall file an opposition on or before July 7, 2016. Defendants shall file a reply, if any, on or before July 14, 2016. Signed by Judge Janis L. Sammartino on 6/20/2016.(kcm)
June 16, 2016 Filing 5 MOTION to Dismiss by Sysco Corporation, Sysco San Diego, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice)(Madoyan, Vartan)Attorney Vartan S. Madoyan added to party Sysco Corporation(pty:dft), Attorney Vartan S. Madoyan added to party Sysco San Diego, Inc.(pty:dft) (kcm).
June 13, 2016 Filing 4 CERTIFICATE OF SERVICE by Sysco Corporation, Sysco San Diego, Inc. , AFFIDAVIT of Service for Notice to the Court and to Adverse Party of Removal of Action to Federal Court served on William Turley, David Mara, Jill Vecchi, The Turley Law Firm, APLC on June 10, 2016, filed by Sysco Corporation, Sysco San Diego, Inc.. (Kwun, Julie) (kcm).
June 9, 2016 Filing 3 REQUEST FOR JUDICIAL NOTICE by Sysco Corporation, Sysco San Diego, Inc. (fth) (jao).
June 9, 2016 Filing 2 NOTICE of Party With Financial Interest by Sysco Corporation, Sysco San Diego, Inc. (fth) (jao).
June 9, 2016 Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court, San Diego County, Central Division, case number 37-2016-00011683-CU-OE-CTL. ( Filing fee $ 400 receipt number 0974-9137933.), filed by Sysco Corporation, Sysco San Diego, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Declaration of Sarah Chung)The new case number is 3:16-cv-1432-JLS-NLS. Judge Janis L. Sammartino and Magistrate Judge Nita L. Stormes are assigned to the case.(fth) (jao).

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Plaintiff: Frieri
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Plaintiff: Rick Frieri
Represented By: William D. Turley
Represented By: Matthew Evan Crawford
Represented By: Jamie Serb
Represented By: Jill M. Vecchi
Represented By: Gwendolyne Nicole Trenner
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Defendant: Sysco Corporation
Represented By: Margaret Rosenthal
Represented By: Jeffrey C. Bils
Represented By: Sabrina Layne Shadi
Represented By: Vartan S. Madoyan
Represented By: Julie Kwun
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Defendant: Does 1-100
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Defendant: Sysco San Diego, Inc.
Represented By: Margaret Rosenthal
Represented By: Jeffrey C. Bils
Represented By: Sabrina Layne Shadi
Represented By: Vartan S. Madoyan
Represented By: Julie Kwun
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